tiktok

trump’s-reported-plans-to-save-tiktok-may-violate-scotus-backed-law

Trump’s reported plans to save TikTok may violate SCOTUS-backed law


Everything insiders are saying about Trump’s plan to save TikTok.

It was apparently a busy weekend for key players involved in Donald Trump’s efforts to make a deal to save TikTok.

Perhaps the most appealing option for ByteDance could be if Trump blessed a merger between TikTok and Perplexity AI—a San Francisco-based AI search company worth about $9 billion that appears to view a TikTok video content acquisition as a path to compete with major players like Google and OpenAI.

On Sunday, Perplexity AI submitted a revised merger proposal to TikTok-owner ByteDance, reviewed by CNBC, which sources told AP News included feedback from the Trump administration.

If the plan is approved, Perplexity AI and TikTok US would be merged into a new entity. And once TikTok reaches an initial public offering of at least $300 billion, the US government could own up to 50 percent of that new company, CNBC reported. In the proposal, Perplexity AI suggested that a “fair price” would be “well north of $50 billion,” but the final price will likely depend on how many of TikTok’s existing investors decide to cash out following the merger.

ByteDance has maintained a strong resistance to selling off TikTok, especially a sale including its recommendation algorithm. Not only would this option allow ByteDance to maintain a minority stake in TikTok, but it also would leave TikTok’s recommendation algorithm under ByteDance’s control, CNBC reported. The deal would also “allow for most of ByteDance’s existing investors to retain their equity stakes,” CNBC reported.

But ByteDance may not like one potential part of the deal. An insider source told AP News that ByteDance would be required to allow “full US board control.”

According to AP News, US government ownership of a large stake in TikTok would include checks to ensure the app doesn’t become state controlled. The government’s potential stake would apparently not grant the US voting power or a seat on the merged company’s board.

A source familiar with Perplexity AI’s proposal confirmed to Ars that the reporting from CNBC and AP News is accurate.

Trump denied Oracle’s involvement in talks

Over the weekend, there was also a lot of speculation about Oracle’s involvement in negotiations. NPR reported that two sources with direct knowledge claimed that Trump was considering “tapping software company Oracle and a group of outside investors to effectively take control of the app’s global operations.”

That would be a seemingly bigger grab for the US than forcing ByteDance to divest only TikTok’s US operations.

“The goal is for Oracle to effectively monitor and provide oversight with what is going on with TikTok,” one source told NPR. “ByteDance wouldn’t completely go away, but it would minimize Chinese ownership.”

Oracle apparently met with the Trump administration on Friday and has another meeting scheduled this week to discuss Oracle buying a TikTok stake “in the tens of billions,” NPR reported.

But Trump has disputed that, saying this past weekend that he “never” spoke to Oracle about buying TikTok, AP News reported.

“Numerous people are talking to me. Very substantial people,” Trump said, confirming that he would only make a deal to save TikTok “if the United States benefits.”

All sources seemed to suggest that no deal was close to being finalized yet. Other potential Big Tech buyers include Microsoft or even possibly Elon Musk (can you imagine TikTok merged with X?). On Saturday, Trump suggested that he would likely announce his decision on TikTok’s future in the next 30 days.

Meanwhile, TikTok access has become spotty in the US. Google and Apple dropped TikTok from their app stores when the divest-or-ban law kicked in, partly because of the legal limbo threatening hundreds of billions in fines if Trump changes his mind about enforcement. That means ByteDance currently can’t push updates to US users, and anyone who offloads TikTok or purchases a new device can’t download the app in popular distribution channels.

“If we can save TikTok, I think it would be a good thing,” Trump said.

Could Trump’s plan violate divest-or-ban law?

The divest-or-ban law is formally called the Protecting Americans from Foreign Adversary Controlled Applications Act. For months, TikTok was told in court that the law required either a sale of TikTok US operations or a US ban, but now ByteDance seems to believe there’s another option to keep TikTok in the US without forcing a sale.

It remains unclear if lawmakers will approve Trump’s plan if it doesn’t force a sale of TikTok. US Representative Raja Krishnamoorthi (D-Ill.), who co-sponsored the law, issued a statement last week insisting that “ByteDance divesting remains the only real solution to protect our national security and guarantee Americans access to TikTok.”

Krishnamoorthi declined Ars’ request to comment on whether leaked details of Trump’s potential deal to save TikTok could potentially violate the divest-or-ban law. But debate will likely turn on how the law defines “qualified divestiture.”

Under the law, qualified divestiture could be either a “divestiture or similar transaction” that meets two conditions. First, the transaction is one that Trump “determines, through an interagency process, would result in the relevant foreign adversary controlled application no longer being controlled by a foreign adversary.” Second, the deal blocks any foreign adversary-controlled entity or affiliate from interfering in TikTok US operations, “including any cooperation” with foreign adversaries “with respect to the operation of a content recommendation algorithm or an agreement with respect to data sharing.”

That last bit seems to suggest that lawmakers might clash with Trump over ByteDance controlling TikTok’s algorithm, even if a company like Oracle or Perplexity serves as a gatekeeper to Americans’ data safeguarding US national security interests.

Experts told NPR that ByteDance could feasibly maintain a minority stake in TikTok US under the law, with Trump seeming to have “wide latitude to interpret” what is or is not a qualified divestiture. One congressional staffer told NPR that lawmakers might be won over if the Trump administration secured binding legal agreements “ensuring ByteDance cannot covertly manipulate the app.”

The US has tried to strike just such a national security agreement with ByteDance before, though, and it ended in lawmakers passing the divest-or-ban law. During the government’s court battle with TikTok over the law, the government repeatedly argued that prior agreement—also known as “Project Texas,” which ensured TikTok’s US recommendation engine was stored in the Oracle cloud and deployed in the US by a TikTok US subsidiary—was not enough to block Chinese influence. Proposed in 2022, the agreement was abruptly ended in 2023 when the Committee on Foreign Investment in the United States (CFIUS) determined only divestiture would resolve US concerns.

CFIUS did not respond to Ars’ request for comment.

The key problem at that point was ByteDance maintaining control of the algorithm, the government successfully argued in a case that ended in a Supreme Court victory.

“Even under TikTok’s proposed national security agreement, the source code for the recommendation engine would originate in China,” the government warned.

That seemingly leaves a vulnerability that any Trump deal allowing ByteDance to maintain control of the algorithm would likely have to reconcile.

“Under Chinese national-security laws, the Chinese government can require a China-based company to ‘surrender all its data,'” the US argued. That ultimately turned TikTok into “an espionage tool” for the Chinese Communist Party.

There’s no telling yet if Trump’s plan can set up a better version of Project Texas or convince China to sign off on a TikTok sale. Analysts have suggested that China may agree to a TikTok sale if Trump backs down on tariff threats.

ByteDance did not respond to Ars’ request for comment.

Photo of Ashley Belanger

Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.

Trump’s reported plans to save TikTok may violate SCOTUS-backed law Read More »

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Trump can save TikTok without forcing a sale, ByteDance board member claims

TikTok owner ByteDance is reportedly still searching for non-sale options to stay in the US after the Supreme Court upheld a national security law requiring that TikTok’s US operations either be shut down or sold to a non-foreign adversary.

Last weekend, TikTok briefly went dark in the US, only to come back online hours later after Donald Trump reassured ByteDance that the US law would not be enforced. Then, shortly after Trump took office, he signed an executive order delaying enforcement for 75 days while he consulted with advisers to “pursue a resolution that protects national security while saving a platform used by 170 million Americans.”

Trump’s executive order did not suggest that he intended to attempt to override the national security law’s ban-or-sale requirements. But that hasn’t stopped ByteDance, board member Bill Ford told World Economic Forum (WEF) attendees, from searching for a potential non-sale option that “could involve a change of control locally to ensure it complies with US legislation,” Bloomberg reported.

It’s currently unclear how ByteDance could negotiate a non-sale option without facing a ban. Joe Biden’s extended efforts through Project Texas to keep US TikTok data out of China-controlled ByteDance’s hands without forcing a sale dead-ended, prompting Congress to pass the national security law requiring a ban or sale.

At the WEF, Ford said that the ByteDance board is “optimistic we will find a solution” that avoids ByteDance giving up a significant chunk of TikTok’s operations.

“There are a number of alternatives we can talk to President Trump and his team about that are short of selling the company that allow the company to continue to operate, maybe with a change of control of some kind, but short of having to sell,” Ford said.

Trump can save TikTok without forcing a sale, ByteDance board member claims Read More »

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TikTok is mostly restored after Trump pledges an order and half US ownership

At a rally Sunday, he did not clarify if this meant a US-based business or the government itself. “So they’ll have a partner, the United States, and they’ll have a lot of bidders … And there’s no risk, we’re not putting up any money. All we’re doing is giving them the approval without which they don’t have anything,” Trump said Sunday.

Legal limbo

Trump’s order, and TikTok’s return to service, both seem at odds with the law—and leadership in the Republican party. Speaker Mike Johnson said on NBC’s Meet the Press Sunday that Congress would “enforce the law.” Sens. Tom Cotton (R-Ark.) and Pete Ricketts (R-Neb.) issued a joint statement Sunday, commending Apple, Microsoft, and Google for “following the law,” and noting that other companies “face ruinous bankruptcy” for violating it.

“Now that the law has taken effect, there’s no legal basis for any kind of ‘extension’ of its effective date,” the statement read. The law states that “A path to executing a qualified divestiture” has to be determined before a one-time extension of 90 days can be granted.

TikTok’s best chance at avoiding a shutdown vanished in last week’s unanimous Supreme Court decision upholding the divest-or-sell law. Aimed at protecting national security interests from TikTok’s Chinese owners having access to the habits and data of 170 million American users, the law was ruled to be “content-neutral,” and that the US “had good reason to single out TikTok for special treatment.”

Reports at Forbes, Bloomberg, and elsewhere have suggested that ByteDance and its Chinese owners could be seeking to use TikTok as a bargaining chip, with maneuvers including a sale to Trump ally Elon Musk as a means of counteracting Trump’s proposed tariffs on Chinese imports.

One largely unforeseen side effect of Congress’ TikTok-centered actions is that Marvel Snap, a mobile collectible card and deck-building game, disappeared in similar fashion over the weekend. The game, developed by a California-based team, is published by ByteDance’s Nuverse mobile game division. With no web version available, Snap remained unavailable on app stores Monday morning. A message to players with the game installed noted that “This outage is a surprise to us and wasn’t planned,” though it pledged to restore the game.

TikTok is mostly restored after Trump pledges an order and half US ownership Read More »

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TikTok loses Supreme Court fight, prepares to shut down Sunday


TikTok has said it’s preparing to shut down Sunday.

A TikTok influencer holds a sign that reads “Keep TikTok” outside the US Supreme Court Building as the court hears oral arguments on whether to overturn or delay a law that could lead to a ban of TikTok in the U.S., on January 10, 2025 in Washington, DC. Credit: Kayla Bartkowski / Stringer | Getty Images News

TikTok has lost its Supreme Court appeal in a 9–0 decision and will likely shut down on January 19, a day before Donald Trump’s inauguration, unless the app can be sold before the deadline, which TikTok has said is impossible.

During the trial last Friday, TikTok lawyer Noel Francisco warned SCOTUS that upholding the Biden administration’s divest-or-sell law would likely cause TikTok to “go dark—essentially the platform shuts down” and “essentially… stop operating.” On Wednesday, TikTok reportedly began preparing to shut down the app for all US users, anticipating the loss.

But TikTok’s claims that the divest-or-sell law violated Americans’ free speech rights did not supersede the government’s compelling national security interest in blocking a foreign adversary like China from potentially using the app to spy on or influence Americans, SCOTUS ruled.

“We conclude that the challenged provisions do not violate petitioners’ First Amendment rights,” the SCOTUS opinion said, while acknowledging that “there is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community.”

Late last year, TikTok and its owner, the Chinese-owned company ByteDance, urgently pushed SCOTUS to intervene before the law’s January 19 enforcement date. Ahead of SCOTUS’ decision, TikTok warned it would have no choice but to abruptly shut down a thriving platform where many Americans get their news, express their views, and make a living.

The US had argued the law was necessary to protect national security interests as the US-China trade war intensifies, alleging that China could use the app to track and influence TikTok’s 170 million American users. A lower court had agreed that the US had a compelling national security interest and rejected arguments that the law violated the First Amendment, triggering TikTok’s appeal to SCOTUS. Today, the Supreme Court upheld that ruling.

According to SCOTUS, the divest-or-sell law is “content-neutral” and only triggers intermediate scrutiny. That requires that the law doesn’t burden “substantially more speech than necessary” to serve the government’s national security interests, rather than strict scrutiny which would force the government to protect those interests through the least restrictive means.

Further, the government was right to single TikTok out, SCOTUS wrote, due to its “scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects.”

“Preventing China from collecting vast amounts of sensitive data from 170 million US TikTok users” is a “decidedly content agnostic” rationale, justices wrote.

“The Government had good reason to single out TikTok for special treatment,” the opinion said.

TikTok CEO Shou Zi Chew posted a statement on TikTok reacting to the ruling, thanking Trump for committing to “work with TikTok” to avoid a shut down and telling users to “rest assured, we will do everything in our power to ensure our platform thrives” in the US.

Momentum to ban TikTok has shifted

First Amendment advocates condemned the SCOTUS ruling. The American Civil Liberties Union called it a “major blow to freedom of expression online,” and the Electronic Frontier Foundation’s civil liberties director David Greene accused justices of sweeping “past the undisputed content-based justification for the law” to “rule only based on the shaky data privacy concerns.”

While the SCOTUS ruling was unanimous, justice Sonia Sotomayor said that  “precedent leaves no doubt” that the law implicated the First Amendment and “plainly” imposed a burden on any US company that distributes TikTok’s speech and any content creator who preferred TikTok as a publisher of their speech.

Similarly concerned was justice Neil Gorsuch, who wrote in his concurring opinion that he harbors “serious reservations about whether the law before us is ‘content neutral’ and thus escapes ‘strict scrutiny.'” Gorsuch also said he didn’t know “whether this law will succeed in achieving its ends.”

“But the question we face today is not the law’s wisdom, only its constitutionality,” Gorsuch wrote. “Given just a handful of days after oral argument to issue an opinion, I cannot profess the kind of certainty I would like to have about the arguments and record before us. All I can say is that, at this time and under these constraints, the problem appears real and the response to it not unconstitutional.”

For TikTok and content creators defending the app, the stakes were incredibly high. TikTok repeatedly denied there was any evidence of spying and warned that enforcing the law would allow the government to unlawfully impose “a massive and unprecedented speech restriction.”

But the Supreme Court declined to order a preliminary injunction to block the law until Trump took office, instead deciding to rush through oral arguments and reach a decision prior to the law’s enforcement deadline. Now TikTok has little recourse if it wishes to maintain US operations, as justices suggested during the trial that even if a president chose to not enforce the law, providing access to TikTok or enabling updates could be viewed as too risky for app stores or other distributors.

The law at the center of the case—the Protecting Americans from Foreign Adversary Controlled Applications Act—had strong bipartisan support under the Biden administration.

But President-elect Donald Trump said he opposed a TikTok ban, despite agreeing that US national security interests in preventing TikTok spying on or manipulating Americans were compelling. And this week, Senator Ed Markey (D-Mass.) has introduced a bill to extend the deadline ahead of a potential TikTok ban, and a top Trump adviser, Congressman Mike Waltz, has said that Trump plans to stop the ban and “keep TikTok from going dark,” the BBC reported. Even the Biden administration, whose justice department just finished arguing why the US needed to enforce the law to SCOTUS, “is considering ways to keep TikTok available,” sources told NBC News.

“What might happen next to TikTok remains unclear,” Gorsuch noted in the opinion.

Will Trump save TikTok?

It will likely soon be clear whether Trump will intervene. Trump filed a brief in December, requesting that the Supreme Court stay enforcement of the law until after he takes office because allegedly only he could make a deal to save TikTok. He criticized SCOTUS for rushing the decision and suggested that Congress’ passage of the law may have been “legislative encroachment” that potentially “binds his hands” as president.

“As the incoming Chief Executive, President Trump has a particularly powerful interest in and responsibility for those national-security and foreign-policy questions, and he is the right constitutional actor to resolve the dispute through political means,” Trump’s brief said.

TikTok’s CEO Chew signaled to users that Trump is expected to step in.

“On behalf of everyone at TikTok and all our users across the country, I want to thank President Trump for his commitment to work with us to find a solution that keeps TikTok available in the United States,” Chew’s statement said.

Chew also reminded Trump that he has 60 billion views of his content on TikTok and perhaps stands to lose a major platform through the ban.

“We are grateful and pleased to have the support of a president who truly understands our platform, one who has used TikTok to express his own thoughts and perspectives,” Chew said.

Trump seemingly has limited options to save TikTok, Forbes suggested. At trial, justices disagreed on whether Trump could legally decide to simply not enforce the law. And efforts to pause enforcement or claim compliance without evidence that ByteDance is working on selling off TikTok could be blocked by the court, analysts said. And while ByteDance has repeatedly said it’s unwilling to sell TikTok US, it’s possible, one analyst suggested to Forbes, that ByteDance might be more willing to divest “in exchange for Trump backing off his threat of high tariffs on Chinese imports.”

On Tuesday, a Bloomberg report suggested that China was considering whether selling TikTok to Elon Musk might be a good bargaining chip to de-escalate Trump’s attacks in the US-China trade war.

Photo of Ashley Belanger

Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.

TikTok loses Supreme Court fight, prepares to shut down Sunday Read More »

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RedNote may wall off “TikTok refugees” to prevent US influence on Chinese users

Whether TikTok will be banned in the US in three days is still up in the air. The Supreme Court has yet to announce its verdict on the constitutionality of a law requiring TikTok to either sell its US operations or shut down in the US. It’s possible that the Supreme Court could ask for more time to deliberate, potentially delaying enforcement of the law as TikTok has requested until after Donald Trump takes office.

While the divest-or-sell law had bipartisan support when it passed last year, momentum has seemingly shifted this week. Senator Ed Markey (D-Mass.) has introduced a bill to extend the deadline ahead of a potential TikTok ban, and a top Trump adviser, Congressman Mike Waltz, has said that Trump plans to stop the ban and “keep TikTok from going dark,” the BBC reported. Even the Biden administration, whose justice department just finished arguing why the US needed to enforce the law to SCOTUS, “is considering ways to keep TikTok available,” sources told NBC News.

Many US RedNote users quickly banned

For RedNote and China, the app’s sudden popularity as the US alternative to TikTok seems to have come as a surprise. A Beijing-based independent industry analyst, Liu Xingliang, told Reuters that RedNote was “caught unprepared” by the influx of users.

To keep restricted content off the app, RedNote allegedly has since been “scrambling to find ways to moderate English-language content and build English-Chinese translation tools,” two sources familiar with the company told Reuters. Time’s reporting echoed that, noting that “Red Note is urgently recruiting English content moderators [Chinese]” became a trending topic Wednesday on the Chinese social media app Weibo.

Many analysts have suggested that Americans’ fascination with RedNote will be short-lived. Liu told Reuters that “American netizens are in a dissatisfied mood, and wanting to find another Chinese app to use is a catharsis of short-term emotions and a rebellious gesture.” But unfortunately, “the experience on it is not very good for foreigners.”

On RedNote, Chinese users have warned Americans that China censors way more content than they’re used to on TikTok. Analysts told The Washington Post that RedNote’s “focus on shopping and entertainment means it is often even more active in blocking content seen as too serious for the app’s target audience.” Chinese users warned Americans not to post about “politics, religion, and drugs” or risk “account bans or legal repercussions, including jail time,” Rest of World reported. Meanwhile, on Reddit, Americans received additional warnings about common RedNote scams and reasons accounts could be banned. But Rest of World noted that many so-called “TikTok refugees” migrating to RedNote do not “seem to know, or care, about platform rules.”

RedNote may wall off “TikTok refugees” to prevent US influence on Chinese users Read More »

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Trump told SCOTUS he plans to make a deal to save TikTok

Several members of Congress— Senator Edward J. Markey (D-Mass.), Senator Rand Paul (R-Ky.), and Representative Ro Khanna (D-Calif.)—filed a brief agreeing that “the TikTok ban does not survive First Amendment scrutiny.” They agreed with TikTok that the law is “illegitimate.”

Lawmakers’ “principle justification” for the ban—”preventing covert content manipulation by the Chinese government”—masked a “desire” to control TikTok content, they said. Further, it could be achieved by a less-restrictive alternative, they said, a stance which TikTok has long argued for.

Attorney General Merrick Garland defended the Act, though, urging SCOTUS to remain laser-focused on the question of whether a forced sale of TikTok that would seemingly allow the app to continue operating without impacting American free speech violates the First Amendment. If the court agrees that the law survives strict scrutiny, TikTok could still be facing an abrupt shutdown in January.

The Supreme Court has scheduled oral arguments to begin on January 10. TikTok and content creators who separately sued to block the law have asked for their arguments to be divided, so that the court can separately weigh “different perspectives” when deciding how to approach the First Amendment question.

In its own brief, TikTok has asked SCOTUS to strike the portions of the law singling out TikTok or “at the very least” explain to Congress that “it needed to do far better work either tailoring the Act’s restrictions or justifying why the only viable remedy was to prohibit Petitioners from operating TikTok.”

But that may not be necessary if Trump prevails. Trump told the court that TikTok was an important platform for his presidential campaign and that he should be the one to make the call on whether TikTok should remain in the US—not the Supreme Court.

“As the incoming Chief Executive, President Trump has a particularly powerful interest in and responsibility for those national-security and foreign-policy questions, and he is the right constitutional actor to resolve the dispute through political means,” Trump’s brief said.

Trump told SCOTUS he plans to make a deal to save TikTok Read More »

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Supreme Court to decide if TikTok should be banned or sold

While the controversial US law doesn’t necessarily ban TikTok, it does seem designed to make TikTok “go away,” Greene said, and such a move to interfere with a widely used communications platform seems “unprecedented.”

“The TikTok ban itself and the DC Circuit’s approval of it should be of great concern even to those who find TikTok undesirable or scary,” Greene said in a statement. “Shutting down communications platforms or forcing their reorganization based on concerns of foreign propaganda and anti-national manipulation is an eminently anti-democratic tactic, one that the US has previously condemned globally.”

Greene further warned that the US “cutting off a tool used by 170 million Americans to receive information and communicate with the world, without proving with evidence that the tools are presently seriously harmful” would “greatly” lower “well-established standards for restricting freedom of speech in the US.”

TikTok partly appears to be hoping that President-elect Donald Trump will disrupt enforcement of the law, but Greene said it remains unclear if Trump’s plan to “save TikTok” might just be a plan to support a sale to a US buyer. At least one former Trump ally, Steven Mnuchin, has reportedly expressed interest in buying the app.

For TikTok, putting pressure on Trump will likely be the next step, “if the Supreme Court ever says, ‘we agree the law is valid,'” Greene suggested.

“Then that’s it,” Greene said. “There’s no other legal recourse. You only have political recourses.”

Like other civil rights groups, the EFF plans to remain on TikTok’s side as the SCOTUS battle starts.

“We are pleased that the Supreme Court will take the case and will urge the justices to apply the appropriately demanding First Amendment scrutiny,” Greene said.

Supreme Court to decide if TikTok should be banned or sold Read More »

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Facing ban next month, TikTok begs SCOTUS for help

TikTok: Ban is slippery slope to broad US censorship

According to TikTok, the government’s defense of the ban to prevent China from wielding a “covert” influence over Americans is a farce invented by lawyers to cover up the true mission of censorship. If the lower court’s verdict stands, TikTok alleged, “then Congress will have free rein to ban any American from speaking simply by identifying some risk that the speech is influenced by a foreign entity.”

TikTok doesn’t want to post big disclaimers on the app warning of “covert” influence, claiming that the government relied on “secret evidence” to prove this influence occurs on TikTok. But if the Supreme Court agrees that the government needed to show more than “bare factual assertions” to back national security claims the lower court said justified any potential speech restrictions, then the court will also likely agree to reverse the lower court’s decision, TikTok suggested.

It will become much clearer by January 6 whether the January 19 ban will take effect, at which point TikTok would shut down, booting all US users from the app. TikTok urged the Supreme Court to agree it is in the public interest to delay the ban and review the constitutional claims to prevent any “extreme” harms to both TikTok and US users who depend on the app for news, community, and income.

If SCOTUS doesn’t intervene, TikTok said that the lower court’s “flawed legal rationales would open the door to upholding content-based speech bans in contexts far different than this one.”

“Fearmongering about national security cannot obscure the threat that the Act itself poses to all Americans,” TikTok alleged, while suggesting that even Congress would agree that a “modest delay” in enforcing the law wouldn’t pose any immediate risk to US national security. Congress is also aware that a sale would not be technically, commercially, or legally possible in the timeframe provided, TikTok said. A temporary injunction would prevent irreparable harms, TikTok said, including the irreparable harm courts have long held is caused by restricting speech of Americans for any amount of time.

“An interim injunction is also appropriate because it will give the incoming Administration time to determine its position, as the President-elect and his advisors have voiced support for saving TikTok,” TikTok argued.

Ars could not immediately reach TikTok for comment.

Facing ban next month, TikTok begs SCOTUS for help Read More »

us-businesses-will-lose-$1b-in-one-month-if-tiktok-is-banned,-tiktok-warns

US businesses will lose $1B in one month if TikTok is banned, TikTok warns

The US is prepared to fight the injunction. In a letter, the US Justice Department argued that the court has already “definitively rejected petitioners’ constitutional claims” and no further briefing should be needed before rejecting the injunction.

If the court denies the injunction, TikTok plans to immediately ask SCOTUS for an injunction next. That’s part of the reason why TikTok wants the lower court to grant the injunction—out of respect for the higher court.

“Unless this Court grants interim relief, the Supreme Court will be forced to resolve an emergency injunction application on this weighty constitutional question in mere weeks (and over the holidays, no less),” TikTok argued.

The DOJ, however, argued that’s precisely why the court should quickly deny the injunction.

“An expedient decision by this Court denying petitioners’ motions, without awaiting the government’s response, would be appropriate to maximize the time available for the Supreme Court’s consideration of petitioners’ submissions,” the DOJ’s letter said.

TikTok has requested a decision on the injunction by December 16, and the government has agreed to file its response by Wednesday.

This is perhaps the most dire fight of TikTok’s life. The social media company has warned that not only would a US ban impact US TikTok users, but also “tens of millions” of users globally whose service could be interrupted if TikTok has to cut off US users. And once TikTok loses those users, there’s no telling if they’ll ever come back, even if TikTok wins a dragged-out court battle.

For TikTok users, an injunction granted at this stage would offer a glimmer of hope that TikTok may survive as a preferred platform for free speech and irreplaceable source of income. But for TikTok, the injunction would likely be a stepping stone, as the fastest path to securing its future increasingly seems to be appealing to Trump.

“It would not be in the interest of anyone—not the parties, the public, or the courts—to have emergency Supreme Court litigation over the Act’s constitutionality, only for the new Administration to halt its enforcement mere days or weeks later,” TikTok argued. “This Court should avoid that burdensome spectacle by granting an injunction that would allow Petitioners to seek further orderly review only if necessary.”

US businesses will lose $1B in one month if TikTok is banned, TikTok warns Read More »

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TikTok’s two paths to avoid US ban: Beg SCOTUS or woo Trump

“What the Act targets is the PRC’s ability to manipulate that content covertly,” the ruling said. “Understood in that way, the Government’s justification is wholly consonant with the First Amendment.”

TikTok likely to appeal to Supreme Court

TikTok is unsurprisingly frustrated by the ruling. In a statement provided to Ars, TikTok spokesperson Michael Hughes confirmed that TikTok intended to appeal the case to the Supreme Court.

“The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue,” Hughes said.

Throughout the litigation, ByteDance had emphasized that divesting TikTok in the time that the law required was not possible. But the court disagreed that ByteDance being unable to spin off TikTok by January turned the US law into a de facto TikTok ban. Instead, the court suggested that TikTok could temporarily become unavailable until it’s sold off, only facing a ban if ByteDance dragged its feet or resisted divestiture.

There’s no indication yet that ByteDance would ever be willing to part with its most popular product. And if there’s no sale and SCOTUS declines the case, that would likely mean that TikTok would not be available in the US, as providing access to TikTok would risk heavy fines. Hughes warned that millions of TikTokers will be silenced next year if the appeals court ruling stands.

“Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people,” Hughes said. “The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the US and around the world on January 19th, 2025.”

TikTok’s two paths to avoid US ban: Beg SCOTUS or woo Trump Read More »

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Flour, water, salt, GitHub: The Bread Code is a sourdough baking framework

One year ago, I didn’t know how to bake bread. I just knew how to follow a recipe.

If everything went perfectly, I could turn out something plain but palatable. But should anything change—temperature, timing, flour, Mercury being in Scorpio—I’d turn out a partly poofy pancake. I presented my partly poofy pancakes to people, and they were polite, but those platters were not particularly palatable.

During a group vacation last year, a friend made fresh sourdough loaves every day, and we devoured it. He gladly shared his knowledge, his starter, and his go-to recipe. I took it home, tried it out, and made a naturally leavened, artisanal pancake.

I took my confusion to YouTube, where I found Hendrik Kleinwächter’s “The Bread Code” channel and his video promising a course on “Your First Sourdough Bread.” I watched and learned a lot, but I couldn’t quite translate 30 minutes of intensive couch time to hours of mixing, raising, slicing, and baking. Pancakes, part three.

It felt like there had to be more to this. And there was—a whole GitHub repository more.

The Bread Code gave Kleinwächter a gratifying second career, and it’s given me bread I’m eager to serve people. This week alone, I’m making sourdough Parker House rolls, a rosemary olive loaf for Friendsgiving, and then a za’atar flatbread and standard wheat loaf for actual Thanksgiving. And each of us has learned more about perhaps the most important aspect of coding, bread, teaching, and lots of other things: patience.

Hendrik Kleinwächter on his Bread Code channel, explaining his book.

Resources, not recipes

The Bread Code is centered around a book, The Sourdough Framework. It’s an open source codebase that self-compiles into new LaTeX book editions and is free to read online. It has one real bread loaf recipe, if you can call a 68-page middle-section journey a recipe. It has 17 flowcharts, 15 tables, and dozens of timelines, process illustrations, and photos of sourdough going both well and terribly. Like any cookbook, there’s a bit about Kleinwächter’s history with this food, and some sourdough bread history. Then the reader is dropped straight into “How Sourdough Works,” which is in no way a summary.

“To understand the many enzymatic reactions that take place when flour and water are mixed, we must first understand seeds and their role in the lifecycle of wheat and other grains,” Kleinwächter writes. From there, we follow a seed through hibernation, germination, photosynthesis, and, through humans’ grinding of these seeds, exposure to amylase and protease enzymes.

I had arrived at this book with these specific loaf problems to address. But first, it asks me to consider, “What is wheat?” This sparked vivid memories of Computer Science 114, in which a professor, asked to troubleshoot misbehaving code, would instead tell students to “Think like a compiler,” or “Consider the recursive way to do it.”

And yet, “What is wheat” did help. Having a sense of what was happening inside my starter, and my dough (which is really just a big, slow starter), helped me diagnose what was going right or wrong with my breads. Extra-sticky dough and tightly arrayed holes in the bread meant I had let the bacteria win out over the yeast. I learned when to be rough with the dough to form gluten and when to gently guide it into shape to preserve its gas-filled form.

I could eat a slice of each loaf and get a sense of how things had gone. The inputs, outputs, and errors could be ascertained and analyzed more easily than in my prior stance, which was, roughly, “This starter is cursed and so am I.” Using hydration percentages, measurements relative to protein content, a few tests, and troubleshooting steps, I could move closer to fresh, delicious bread. Framework: accomplished.

I have found myself very grateful lately that Kleinwächter did not find success with 30-minute YouTube tutorials. Strangely, so has he.

Sometimes weird scoring looks pretty neat. Kevin Purdy

The slow bread of childhood dreams

“I have had some successful startups; I have also had disastrous startups,” Kleinwächter said in an interview. “I have made some money, then I’ve been poor again. I’ve done so many things.”

Most of those things involve software. Kleinwächter is a German full-stack engineer, and he has founded firms and worked at companies related to blogging, e-commerce, food ordering, travel, and health. He tried to escape the boom-bust startup cycle by starting his own digital agency before one of his products was acquired by hotel booking firm Trivago. After that, he needed a break—and he could afford to take one.

“I went to Naples, worked there in a pizzeria for a week, and just figured out, ‘What do I want to do with my life?’ And I found my passion. My passion is to teach people how to make amazing bread and pizza at home,” Kleinwächter said.

Kleinwächter’s formative bread experiences—weekend loaves baked by his mother, awe-inspiring pizza from Italian ski towns, discovering all the extra ingredients in a supermarket’s version of the dark Schwarzbrot—made him want to bake his own. Like me, he started with recipes, and he wasted a lot of time and flour turning out stuff that produced both failures and a drive for knowledge. He dug in, learned as much as he could, and once he had his head around the how and why, he worked on a way to guide others along the path.

Bugs and syntax errors in baking

When using recipes, there’s a strong, societally reinforced idea that there is one best, tested, and timed way to arrive at a finished food. That’s why we have America’s Test Kitchen, The Food Lab, and all manner of blogs and videos promoting food “hacks.” I should know; I wrote up a whole bunch of them as a young Lifehacker writer. I’m still a fan of such things, from the standpoint of simply getting food done.

As such, the ultimate “hack” for making bread is to use commercial yeast, i.e., dried “active” or “instant” yeast. A manufacturer has done the work of selecting and isolating yeast at its prime state and preserving it for you. Get your liquids and dough to a yeast-friendly temperature and you’ve removed most of the variables; your success should be repeatable. If you just want bread, you can make the iconic no-knead bread with prepared yeast and very little intervention, and you’ll probably get bread that’s better than you can get at the grocery store.

Baking sourdough—or “naturally leavened,” or with “levain”—means a lot of intervention. You are cultivating and maintaining a small ecosystem of yeast and bacteria, unleashing them onto flour, water, and salt, and stepping in after they’ve produced enough flavor and lift—but before they eat all the stretchy gluten bonds. What that looks like depends on many things: your water, your flours, what you fed your starter, how active it was when you added it, the air in your home, and other variables. Most important is your ability to notice things over long periods of time.

When things go wrong, debugging can be tricky. I was able to personally ask Kleinwächter what was up with my bread, because I was interviewing him for this article. There were many potential answers, including:

  • I should recognize, first off, that I was trying to bake the hardest kind of bread: Freestanding wheat-based sourdough
  • You have to watch—and smell—your starter to make sure it has the right mix of yeast to bacteria before you use it
  • Using less starter (lower “inoculation”) would make it easier not to over-ferment
  • Eyeballing my dough rise in a bowl was hard; try measuring a sample in something like an aliquot tube
  • Winter and summer are very different dough timings, even with modern indoor climate control.

But I kept with it. I was particularly susceptible to wanting things to go quicker and demanding to see a huge rise in my dough before baking. This ironically leads to the flattest results, as the bacteria eats all the gluten bonds. When I slowed down, changed just one thing at a time, and looked deeper into my results, I got better.

Screenshot of Kleinwaechter's YouTube page, with video titles like

The Bread Code YouTube page and the ways in which one must cater to algorithms.

Credit: The Bread Code

The Bread Code YouTube page and the ways in which one must cater to algorithms. Credit: The Bread Code

YouTube faces and TikTok sausage

Emailing and trading video responses with Kleinwächter, I got the sense that he, too, has learned to go the slow, steady route with his Bread Code project.

For a while, he was turning out YouTube videos, and he wanted them to work. “I’m very data-driven and very analytical. I always read the video metrics, and I try to optimize my videos,” Kleinwächter said. “Which means I have to use a clickbait title, and I have to use a clickbait-y thumbnail, plus I need to make sure that I catch people in the first 30 seconds of the video.” This, however, is “not good for us as humans because it leads to more and more extreme content.”

Kleinwächter also dabbled in TikTok, making videos in which, leaning into his German heritage, “the idea was to turn everything into a sausage.” The metrics and imperatives on TikTok were similar to those on YouTube but hyperscaled. He could put hours or days into a video, only for 1 percent of his 200,000 YouTube subscribers to see it unless he caught the algorithm wind.

The frustrations inspired him to slow down and focus on his site and his book. With his community’s help, The Bread Code has just finished its second Kickstarter-backed printing run of 2,000 copies. There’s a Discord full of bread heads eager to diagnose and correct each other’s loaves and occasional pull requests from inspired readers. Kleinwächter has seen people go from buying what he calls “Turbo bread” at the store to making their own, and that’s what keeps him going. He’s not gambling on an attention-getting hit, but he’s in better control of how his knowledge and message get out.

“I think homemade bread is something that’s super, super undervalued, and I see a lot of benefits to making it yourself,” Kleinwächter said. “Good bread just contains flour, water, and salt—nothing else.”

Loaf that is split across the middle-top, with flecks of olives showing.

A test loaf of rosemary olive sourdough bread. An uneven amount of olive bits ended up on the top and bottom, because there is always more to learn.

Credit: Kevin Purdy

A test loaf of rosemary olive sourdough bread. An uneven amount of olive bits ended up on the top and bottom, because there is always more to learn. Credit: Kevin Purdy

You gotta keep doing it—that’s the hard part

I can’t say it has been entirely smooth sailing ever since I self-certified with The Bread Code framework. I know what level of fermentation I’m aiming for, but I sometimes get home from an outing later than planned, arriving at dough that’s trying to escape its bucket. My starter can be very temperamental when my house gets dry and chilly in the winter. And my dough slicing (scoring), being the very last step before baking, can be rushed, resulting in some loaves with weird “ears,” not quite ready for the bakery window.

But that’s all part of it. Your sourdough starter is a collection of organisms that are best suited to what you’ve fed them, developed over time, shaped by their environment. There are some modern hacks that can help make good bread, like using a pH meter. But the big hack is just doing it, learning from it, and getting better at figuring out what’s going on. I’m thankful that folks like Kleinwächter are out there encouraging folks like me to slow down, hack less, and learn more.

Flour, water, salt, GitHub: The Bread Code is a sourdough baking framework Read More »

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For fame or a death wish? Kids’ TikTok challenge injuries stump psychiatrists

Case dilemma

The researchers give the example of a 10-year-old patient who was found unconscious in her bedroom. The psychiatry team was called in to consult for a suicide attempt by hanging. But when the girl was evaluated, she was tearful, denied past or recent suicide attempts, and said she was only participating in the blackout challenge. Still, she reported being in depressed moods, having feelings of hopelessness, having thoughts of suicide since age 9, being bullied, and having no friends. Family members reported unstable housing, busy or absent parental figures, and a family history of a suicide attempts.

If the girl’s injuries were unintentional, stemming from the poor choice to participate in the life-threatening TikTok challenge, clinicians would discharge the patient home with a recommendation for outpatient mental health care to address underlying psychiatric conditions and stressors. But if the injuries were self-inflicted with an intent to die, the clinicians would recommend inpatient psychiatric treatment for safety, which would allow for further risk assessment, monitoring, and treatment for the suspected suicide attempt.

It’s critical to make the right call here. Children and teens who attempt suicide are at risk of more attempts, both immediately and in the future. But to make matters even more complex, injuries from social media challenges have the potential to spur depression and post-traumatic stress disorder. Those, in turn, could increase the risk of suicide attempts.

To keep kids and teens safe, the Ataga and Arnold call for more awareness about the dangers of TikTok challenges, as well as empathetic psychiatric assessments using kid-appropriate measurements. They also call for more research. While there are a handful of case studies on TikTok challenge injuries and deaths among kids and teens, there’s a lack of large-scale data. More research is needed to “demonstrate the role of such challenges as precipitating factors in unintentional and intentional injuries, suicidal behaviors, and deaths among children in the US,” the psychiatrists write.

If you or someone you know is in crisis, call or text 988 for the Suicide and Crisis Lifeline or contact the Crisis Text Line by texting TALK to 741741.

For fame or a death wish? Kids’ TikTok challenge injuries stump psychiatrists Read More »